J.K. Maheshwari

Supreme Court Quashes Proceedings Against Company Director in Road Tax Case: Sri Narendra Kumar A. Baldota vs. The State of Karnataka (2022) INSC 198 (14 March 2022)

/ Code of Criminal Procedure, Code of Criminal Procedure with Section 156(3), Code of Criminal Procedure with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 420, Indira Banerjee, J.K. Maheshwari, Judges, Karnataka Motor Vehicles Taxation Act, 1957, Karnataka Motor Vehicles Taxation Act, 1957 with Section 8A, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(1)(c), Prevention of Corruption Act, 1988 with Section 13(2)

Supreme Court Quashes Proceedings Against Company Director in Road Tax Case Date of the Judgment: 14 March 2022 Citation: (2022) INSC 198 Judges: Indira Banerjee, J. and J.K. Maheshwari, J. Can a company director be held criminally liable for a road tax shortfall when the company has already paid the demanded amount? The Supreme Court […]

Supreme Court Quashes Proceedings Against Company Director in Road Tax Case: Sri Narendra Kumar A. Baldota vs. The State of Karnataka (2022) INSC 198 (14 March 2022) Read Post »

Supreme Court Upholds Detention for Breach of Peace Bond: Dev Adassan vs. The Second Class Executive Magistrate (2022)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 117, Code of Criminal Procedure, 1973 with Section 122, Constitutional Law, Constitutional Law with Article 21, Indira Banerjee, J.K. Maheshwari, Judges, Powers of Executive Magistrate

Supreme Court Upholds Detention for Breach of Peace Bond: Dev Adassan vs. The Second Class Executive Magistrate (2022) LEGAL ISSUE: Whether an individual can be detained for violating the conditions of a bond executed for maintaining peace and good behavior. CASE TYPE: Criminal Law Case Name: Dev Adassan vs. The Second Class Executive Magistrate, Ramanathapuram

Supreme Court Upholds Detention for Breach of Peace Bond: Dev Adassan vs. The Second Class Executive Magistrate (2022) Read Post »

Supreme Court acquits accused of attempted murder due to lack of evidence: Vasudev vs. State of M.P. (2022) INSC 1352 (1 February 2022)

/ Arms Act, Arms Act with Section 25, Arms Act with Section 27, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 307, Indian Penal Code, 1860 with Section 34, Indira Banerjee, J.K. Maheshwari, Judges, Offences Against Human Body

Supreme Court acquits accused of attempted murder due to lack of evidence: Vasudev vs. State of M.P. (2022) INSC 1352 (1 February 2022) Date of the Judgment: 1 February 2022 Citation: 2022 INSC 1352 Judges: Indira Banerjee, J. and J.K. Maheshwari, J. Can a person be convicted of attempted murder if there is no clear

Supreme Court acquits accused of attempted murder due to lack of evidence: Vasudev vs. State of M.P. (2022) INSC 1352 (1 February 2022) Read Post »

Supreme Court acquits accused of Attempt to Murder due to lack of evidence: Vasudev vs. State of M.P. (2022)

/ Arms Act, 1959, Arms Act, 1959 with Section 25, Arms Act, 1959 with Section 27, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 307, Indira Banerjee, J.K. Maheshwari, Judges, Offences Against Human Body

Supreme Court acquits accused of Attempt to Murder due to lack of evidence: Vasudev vs. State of M.P. (2022) LEGAL ISSUE: Whether the accused could be convicted for attempt to murder under Section 307 of the Indian Penal Code, 1860 and for offences under the Arms Act, 1959 based on the evidence presented. CASE TYPE:

Supreme Court acquits accused of Attempt to Murder due to lack of evidence: Vasudev vs. State of M.P. (2022) Read Post »

Supreme Court acquits accused of Attempt to Murder due to lack of evidence: Vasudev vs. State of M.P. (2022) INSC 56

/ Arms Act, 1959, Arms Act, 1959 with Section 25, Arms Act, 1959 with Section 27, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 307, Indira Banerjee, J.K. Maheshwari, Judges, Offences Against Human Body

Supreme Court acquits accused of Attempt to Murder due to lack of evidence: Vasudev vs. State of M.P. (2022) INSC 56 LEGAL ISSUE: Whether the accused could be convicted under Section 307 of the Indian Penal Code, 1860 for attempt to murder and Section 27 of the Arms Act, 1959 for using a firearm, when

Supreme Court acquits accused of Attempt to Murder due to lack of evidence: Vasudev vs. State of M.P. (2022) INSC 56 Read Post »

Supreme Court Upholds Pension Fixation Based on Last Drawn Pay: State of Kerala vs. Anie Lukose (2022)

/ Indira Banerjee, J.K. Maheshwari, Judges, Kerala Service Rules, Kerala Service Rules with Annexure P-18, Kerala Service Rules with Clause 63, Leave without Allowances, Pension, Service Law

Supreme Court Upholds Pension Fixation Based on Last Drawn Pay: State of Kerala vs. Anie Lukose (2022) LEGAL ISSUE: Whether the calculation of pension should be based on the last pay drawn, even if the employee was on leave without allowances during part of the 10-month period before retirement. CASE TYPE: Service Law (Pension) Case

Supreme Court Upholds Pension Fixation Based on Last Drawn Pay: State of Kerala vs. Anie Lukose (2022) Read Post »

Supreme Court Sets Aside High Court Order on Maintenance: Uma Priyadarshini vs. Suchith K Nair (2022)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 151, Family Law, Indira Banerjee, J.K. Maheshwari, Judges, Maintenance, Matrimonial Disputes

Supreme Court Sets Aside High Court Order on Maintenance: Uma Priyadarshini vs. Suchith K Nair (2022) LEGAL ISSUE: Determination of maintenance for a wife and child in matrimonial disputes. CASE TYPE: Matrimonial Dispute/Family Law Case Name: Uma Priyadarshini S. vs. Suchith K Nair Judgment Date: January 6, 2022 Date of the Judgment: January 6, 2022

Supreme Court Sets Aside High Court Order on Maintenance: Uma Priyadarshini vs. Suchith K Nair (2022) Read Post »

Supreme Court Upholds Maintenance Rights of Wife and Child: Uma Priyadarshini vs. Suchith K Nair (2022)

/ Constitutional Law, Constitutional Law with Article 227, Family Law, Indira Banerjee, J.K. Maheshwari, Judges, Maintenance, Matrimonial Dispute

Supreme Court Upholds Maintenance Rights of Wife and Child: Uma Priyadarshini vs. Suchith K Nair (2022) LEGAL ISSUE: Whether a wife is entitled to maintenance even if she is gainfully employed, and the appropriate amount of maintenance for a child. CASE TYPE: Family Law, Matrimonial Dispute, Maintenance Case Name: Uma Priyadarshini S. vs. Suchith K

Supreme Court Upholds Maintenance Rights of Wife and Child: Uma Priyadarshini vs. Suchith K Nair (2022) Read Post »

Supreme Court Upholds Conviction in NDPS Act Case: Kallu Khan vs. State of Rajasthan (2021)

/ Constitutional Law, Constitutional Law with Article 136, Indira Banerjee, J.K. Maheshwari, Judges, Narcotic Drugs and Psychotropic Substances Act, 1985, NDPS Act with Section 21, NDPS Act with Section 43, NDPS Act with Section 50

Supreme Court Upholds Conviction in NDPS Act Case: Kallu Khan vs. State of Rajasthan (2021) LEGAL ISSUE: Whether the conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) can be upheld when contraband is recovered from a vehicle and not from personal search, and whether the search and seizure was conducted by

Supreme Court Upholds Conviction in NDPS Act Case: Kallu Khan vs. State of Rajasthan (2021) Read Post »

Supreme Court allows delayed claim in Insolvency Case: GPR Power Solutions vs. Supriyo Chaudhuri (29 November 2021)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 34, Constitutional Law, Constitutional Law with Article 141, Constitutional Law with Article 142, Corporate Insolvency Resolution Process, Indira Banerjee, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 60(5), Insolvency and Bankruptcy Code, 2016 with Section 7, J.K. Maheshwari, Judges

Supreme Court Allows Delayed Claim in Insolvency Case: GPR Power Solutions vs. Supriyo Chaudhuri (2021) LEGAL ISSUE: Whether the delay in filing a claim by a creditor in the Corporate Insolvency Resolution Process (CIRP) can be condoned, considering the Supreme Court’s orders on extending limitation periods during the COVID-19 pandemic. CASE TYPE: Insolvency Law Case

Supreme Court allows delayed claim in Insolvency Case: GPR Power Solutions vs. Supriyo Chaudhuri (29 November 2021) Read Post »

Supreme Court Upholds University Scheme Interpretation: Geeta Mishra vs. Sidho Kanhu Murmu University (2021)

/ Indira Banerjee, J.K. Maheshwari, Judges, Retirement Benefits, Service Law, Service Law with Clause 5 of the Scheme dated 30.07.1998, University Schemes

Supreme Court Upholds University Scheme Interpretation: Geeta Mishra vs. Sidho Kanhu Murmu University (2021) LEGAL ISSUE: Interpretation of a University Scheme regarding retirement benefits and the eligibility of family members to exercise a fresh option. CASE TYPE: Service Law Case Name: Geeta Mishra vs. Sidho Kanhu Murmu University & Others Judgment Date: 16 November 2021

Supreme Court Upholds University Scheme Interpretation: Geeta Mishra vs. Sidho Kanhu Murmu University (2021) Read Post »

Supreme Court clarifies criteria for appointment in disciplined forces despite acquittal: Union of India vs. Methu Meda (2021)

/ Appointment, Disciplined Forces, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 347, Indian Penal Code, 1860 with Section 364A, Indira Banerjee, J.K. Maheshwari, Judges, Service Law

Supreme Court clarifies criteria for appointment in disciplined forces despite acquittal: Union of India vs. Methu Meda (2021) LEGAL ISSUE: Whether an acquittal in a criminal case, particularly when witnesses turn hostile, automatically entitles a candidate to employment in a disciplined force. CASE TYPE: Service Law Case Name: Union of India and Others vs. Methu

Supreme Court clarifies criteria for appointment in disciplined forces despite acquittal: Union of India vs. Methu Meda (2021) Read Post »

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